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Home My WebLink About2012-04-02 RegularMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 2, 2012 CLOSED SESSION MEETING CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:09 P.M. COUNCILMEMBERS Present: CLAUDIA C. ALVAREZ, Mayor Pro Tem P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO (5:15 P.M.) SAL TINAJERO (5:25 P.M.) COUNCILMEMBERS Absent: MIGUEL PULIDO, Mayor STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:09 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1A CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Alex Urtez vs. City of Santa Ana, WCAB Case No. ADJ7558319 Joseph Vasquez vs. City of Santa Ana, WCAB Case Nos. ADJ3519755; 3828884;4593096;1495837 CITY COUNCIL MINUTES 1 APRIL 2, 2012 Thomas Skelly vs. City of Santa Ana, WCAB Case No. ANA 324924; Case Settlement Request. Autum Koertgen vs. City of Santa Ana, Orange County Superior Court Case No. 30-2009-00332120 1B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Management Association (PMA) *Councilmember Martinez abstained on Item 1B due to a conflict of interest (campaign contribution) and left the room during discussion of this matter. 1C CONFERENCE WITH LEGAL COUNSEL-THREAT OF LITIGATION pursuant to Government Code Section 54956.9(b) - One Case 1 D PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney Title: City Manager CLOSED SESSION REPORT - See Item 19A. for Report. ADJOURNED THE CLOSED SESSION MEETING AT 5:55 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 2 APRIL 2, 2012 REGULAR OPEN SESSION CALLED TO ORDER ATTENDANCE PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:04 P.M. COUNCILMEMBERS Present: CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: MIGUEL PULIDO, Mayor STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council Councilmember Tinajero Councilmember Benavides EMPLOYEE SERVICE AWARDS presented by MAYOR PRO TEM ALVAREZ to: 20 YEARS OF SERVICE 25 YEARS OF SERVICE 30 YEARS OF SERVICE Carolyn E. Richard, Workers' Compensation Administrator, Personnel Services Ruben Ibarra, Police Lieutenant, Police Department Pablo A. Sarabia, Police Officer, Police Department Patrick McHugh, Fire Engineer, Fire Department CITY COUNCIL MINUTES 3 APRIL 2, 2012 Joseph M. Rodriguez, Community Preservation Inspector, Planning & Building Agency 40 YEARS OF SERVICE M. Barry Cupples, Fire Captain, Fire Department PROCLAMATION presented by MAYOR PRO TEM CLAUDIA ALVAREZ to Genesis Consultants LLC for providing services and information on accessible and affordable insurance coverage to the underserved, uninsured and under-insured minority communities, accepted by Principal Partners Georgina Maldonado and Rita Cruz Gallegos. PROCLAMATION presented by COUNCILMEMBER CARLOS BUSTAMANTE to Crevier BMW/Mini and Mr. Al Parajeckas for providing outstanding service to the residents of the City of Santa Ana. PROCLAMATION presented by COUNCILMEMBER MICHELE MARTINEZ to Karen Athey, Donate Life Ambassador, in recognition of DMV/Donate Life California Month. CLOSED SESSION REPORT - See Item 19A. for Report. PUBLIC COMMENT • Juan Carrillo, extended an invitation to the City Council and residents to attend the upcoming "Mi Pueblo" event at the Santa Ana Library. • Dwight Smith, representing Catholic Charities, spoke in opposition to the County's proposal to turn the former bus station into a homeless shelter area; also noted that State has tasked the County with the homeless issue; need comprehensive plan to address problem throughout the County. • Frank Mitchell, III, submitted a proposal to have a code enforcement moratorium to allow the City time to review the current standards; also, submitted pictures of home with illegal addition that should be permitted. • Veronica Calderon, co-owner of property with unpermitted room addition; urged the City Council to allow the improvement since it was there when property purchased. • Alejandra Calderon, co-owner of property, echoed comments of Veronica Calderon. • Carl Benniger, President of Com-Link, thanked the City Council for their support; requested assistance in continuing the "Heroes" and "Most Beautiful Yard" Awards through the Neighborhood Improvement Program CITY COUNCIL MINUTES 4 APRIL 2, 2012 CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 31A with the following modifications: • Councilmember Bustamante pulled Item 11A for separate discussion; • Councilmember Martinez abstained on Item 22C and 25D; • Councilmember Bustamante and Sarmiento abstained on Item 22C (Item continued to the April 16, 2012 City Council meeting due to insufficient votes to consider matter); • Mayor Pro Tern Alvarez voted "No" on Item 19C; • Mayor Pro Tern Alvarez pulled Item 25H for separate discussion, and excused the absence of Mayor Pulido from the City Council, Housing Authority and Successor Agency meetings; • Addition of Closed Session Report, Item 19A MOTION: Benavides SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion. ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF MARCH 19, 2012 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES/SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A ADOPTION OF ORDINANCES - APPROVE ZONING ORDINANCE AMENDMENT NO. 2012-01, 200 EAST FIRST AMERICAN WAY AND CITY COUNCIL MINUTES 5 APRIL 2, 2012 APPROVE AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2004- 03 BETWEEN THE CITY OF SANTA ANA AND VINEYARDS DEVELOPMENT CORPORATION AT THE MET, LLC - Planning and Building Agency Placed on first reading at the March 19, 2012 City Council meeting and approved by a vote of 6-1 (Bustamante Voted No). Published in the Orange County Reporter on March 23, 2012. Councilmember Bustamante made a motion to continue consideration of matter for 30 days; MOTION: Continue consideration of matter for 30 days (May 7, 2012). MOTION: Bustamante Discussion ensued. SECOND: Sarmiento SUBSTITUTE MOTION: Continue consideration of matter to the April 16, 2012 City Council Meeting. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: MISCELLANEOUS ADMINISTRATION SECOND: Alvarez Alvarez, Benavides, Tinajero (5) Martinez, Sarmiento, Bustamante (1) None (0) Pulido (1) 19A CLOSED SESSION REPORT - City Attorney's Office MOTION: Approve the following settlement agreements: • Thomas Skelly vs. City of Santa Ana, WCAB Case No. ANA 324924; Case Settlement Request; Compromise and Release in the amount of $14,500.00 • Alex Urtez vs. City of Santa Ana, WCAB Case No. ADJ7558319; Stipulation with request for award 37% valued at $39,600, advanced $17,078.25 and third party credit of $6,250 with balance of $16,271.75. CITY COUNCIL MINUTES 6 APRIL 2, 2012 • Joseph Vasquez vs. City of Santa Ana, WCAB Case Nos. ADJ3519755; 3828884; 4593096; 1495837; Full Compromise and Release in the amount of $75,000. 19B EXCUSED ABSENCES MOTION: Excuse the absence of Mayor Pulido from the April 2, 2012 City Council Meeting. 19C DESTRUCTION OF OBSOLETE CITY RECORDS - City Manager's Office, Community Development Agency and Personnel Services Agency MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006-045. *Mayor Pro Tern Alvarez voted "No" on Item 19C. BUDGETARY MATTERS SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A and 22B) 22A SPEC. NO. 10-048 - ANNUAL SIDEWALK MAINTENANCE - Renew the contract with Central Coast Surface Grinding, Inc. for a one-year period in an annual amount not to exceed $150,000 (Public Works Agency) - Finance & Management Services 22B SPEC. NO. 12-016 - SANITARY SEWER BY-PASS PUMP SYSTEM - Award a contract to Xylem Dewatering Solutions, Inc. in an amount not to exceed $45,500 (Public Works Agency) - Finance & Management Services 22C SPEC. NO. 12-025 - VEHICLE BODY REPAIR - Award contracts for a six-month period for an aggregate amount not to exceed $75,000 to the following vendors: (Finance & Management Services Agency) Vendor Location Doffo Automotive Inc. Santa Ana Kelly's Body Shop Santa Ana CITY COUNCIL MINUTES 7 APRIL 2, 2012 Top Finish Collision Center Inc. Santa Ana *Item 22C continued to the April 16, 2012 City Council Meeting for reconsideration due to insufficient votes to consider the matter. AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non-substantive changes approved by the City Manager and City Attorney and/or actions as noted on the Request for Council Action report. (Item 25A through 25G) 25A AGMT NO. 2012-069 - ENVIRONMENTAL SERVICES TO PREPARE A MITIGATED NEGATIVE DECLARATION FOR THE BAT NHA BUDDHIST MEDITATION CENTER AT 803 SOUTH SULLIVAN STREET - With ICF Jones and Stokes Incorporated in an amount not to exceed $77,340 - Planning and Building Agency 25B AGMT NO. 2012-070 - MEMORANDUM OF UNDERSTANDING FOR WORKFORCE INVESTMENT SERVICES ACT TO PROVIDE WORKFORCE DEVELOPMENT SERVICES FOR LOCAL ADULTS, DISLOCATED WORKERS, YOUTH AND EMPLOYERS - With the Orange County Small Business Development Center - Community Development Agency 25C AGMT NO. 2012-071 - REWIRING STREET LIGHTS ON BROADWAY AND SYCAMORE STREET - With Macadee Construction, Inc. for an amount not to exceed $172,000 - Public Works Agency 25D AGMT NO. 2012-072 - ACQUISITION SETTLEMENT AGREEMENT FOR BRISTOL STREET CORRIDOR, 517 NORTH BRISTOL (PROJECT NO. 081700) - With Abel Torres in the amount of $22,000 - Public Works Agency *Councilmember Martinez abstained on Item 25C due to a conflict of Interest (campaign contribution). 25E QUITCLAIM AND SALE OF SURPLUS PROPERTY TO RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT - Public Works Agency CITY COUNCIL MINUTES 8 APRIL 2, 2012 • Execute a quitclaim deed relinquishing the City's fee interest in a portion of former College Avenue to Rancho Santiago Community College District. (DEED NO. 8413) • AGMT NO. 2012-073 - Execute an agreement for the sale of City surplus property located at the northeast corner of College Avenue and Washington Avenue to Rancho Santiago Community College District for $1.00. 25F AGMT NO. 2012-074 - AMENDMENT FOR ENVIRONMENTAL SERVICES FOR THE WARNER AVENUE WIDENING FROM MAIN STREET TO GRAND AVENUE (PROJECT NO. 091749) - With The Planning Center, in an amount of $44,415 for a total agreement not to exceed $575,000 and extend the term of the agreement to December 31, 2013 - Public Works Agency 25G AGMT NO. 2012-075 - TEMPORARY EMERGENCY TRANSPORATION SERVICES (AMBULANCE) - With Care Ambulance Services Inc. in an amount not to exceed $1,200,000 for a period of 120 days with the ability to extend for an additional 30 days - Fire Department 25H AGMT NO. 2012-076 - CITY ATTORNEY CONTRACT - With Best, Best & Krieger, LLP, designating Sonia R. Carvalho as City Attorney for the City of Santa Ana - Personnel Services Agency Mayor Pro Tern Alvarez, expressed concern that the City contracting with a firm rather than an employee; Does the Charter permit?; City did not seek proposals from other firms. Councilmember Bustamante, summarized process performed by City; many services being contracted out for cost saving purposes. Councilmember Sarmiento, noted that Council sub-committee reviewed candidates; asked whether the City Attorney's Office in its entirety Council be outsourced; contract will save money by having flat fee and no retirement cost. Councilmember Benavides, thanked Interim City Attorney Joe Straka; believe that proposed hybrid model would better serve the interest of the community. Councilmember Tinajero, requested clarification of role with the City of Bell scandal. Ms. Carvalho indicated that the Orange County Office, in which she works, did not have anything to do with the City of Bell, nor did CITY COUNCIL MINUTES 9 APRIL 2, 2012 she have any contact with any member of that City or attorney; attorney has since left the firm and attorney has not been prosecuted. Mayor Pro Tem, asked what role the firm had with the City of Bell; Ms. Carvalho noted that the Los Angeles branch represented City of Bell; Best, Best, and Krieger (BB&K) has Ethics Review Committee; City hiring Ms. Carvalho through BB&K; City retaining the firm for services of City Attorney. Councilmember Martinez, noted that process has been vetted for over a year; hybrid will save money; Ms. Carvalho is highly qualified. Mayor Pro Tern Alvarez requested clarification of Exhibit 5 in the contract; rate adjustments to be reviewed in July 2013. Ms. Carvalho stated that she may recommend changes to the City Council, if they render savings to the City. Councilmember Sarmiento thanked Ms. Carvalho for patience during the process; selected for skill and qualifications. Councilmember Tinajero proposed a substitute motion to allow the entire Mayor and City Council to consider the matter. SUBSTITUTE MOTION: Continue consideration of matter for two weeks. MOTION: Tinajero SECOND: Alvarez Motion failed, 2-4 vote (Pulido absent). ORIGINAL MOTION; Authorize the City Manager and Clerk of the Council to execute an agreement, subject to non-substantive changes approved by the City Manager and City Attorney with the Law Firm of Best, Best and Krieger designating Sonia R. Carvalho as the City Attorney for the City of Santa Ana - Personnel Services Agency MOTION: Sarmiento SECOND: Bustamante VOTE: AYES: Bustamante, Benavides, Martinez, Sarmiento, Tinajero (5) NOES: Alvarez (1) ABSTAIN: None (0) ABSENT: Pulido (1) CITY COUNCIL MINUTES 10 APRIL 2, 2012 LAND USE MATTERS CONDITIONAL USE PERM IT/VARIANC ES 31A CONDITIONAL USE PERMIT NO. 2012-04 TO ALLOW A 60-FOOT HIGH WIRELESS FACILITY FOR VERIZON WIRELESS AT 1200 EAST GLENWOOD PLACE - CORE DEVELOPMENT SERVICES, APPLICANT - Planning and Building Agency Recommended action approved by the Planning Commission on March 12, 2012, by a vote of 5-0 (Yrarrazaval abstained, Mill absent). MOTION: Receive and file the staff report approving Conditional Use Permit No. 2012-04 as conditioned. **END OF CONSENT CALENDAR** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A EXTENSION OF CONDITIONAL USE PERMIT NO. 2008-37 TO ALLOW THE EXPANSION OF THE ALLIANCE CHURCH OF ORANGE AT 2130 NORTH GRAND AVENUE - Planning and Building Agency MOTION: Adopt a resolution. RESOLUTION NO. 2012-009 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FOR THE EXTENSION OF CONDITIONAL USE PERMIT NO. 2008-37 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 2130 NORTH GRAND AVENUE MOTION: Benavides SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) CITY COUNCIL MINUTES 11 APRIL 2, 2012 55B NOMINATE AND APPOINT A REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY BOARD (OCFA) - Clerk of the Council Office Mayor Pro Tern Alvarez called for nominations; Councilmember Tinajero nominated Councilmember Benavides; There were no other nominations and the nominations closed. MOTION: 1. Appoint Councilmember Benavides to serve as the City of Santa Ana representative to the Orange County Fire Authority Board of Directors (OCFA). 2. Adopt a resolution. RESOLUTION NO. 2012-010 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS MOTION: Tinajero SECOND: Martinez VOTE: AYES: Alvarez, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (5) NOES: None (0) ABSTAINED Benavides (1) AND NOT PRESENT: ABSENT: Pulido (1) 55C RESOLUTION AUTHORIZING ABSENCE WITH PAY FOR APPROVED CITY EMPLOYEES WHO STAFF POLLING LOCATIONS ON ELECTION DAY - Clerk of the Council Office MOTION: Adopt a resolution. RESOLUTION NO. 2012-011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING ABSENCE WITH PAY FOR CITY EMPLOYEES WHO VOLUNTEER TO STAFF POLLING STATIONS FOR THE COUNTY ON ELECTION DAY MOTION: Martinez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) CITY COUNCIL MINUTES 12 APRIL 2, 2012 NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) PUBLIC HEARINGS 75A PUBLIC HEARING - COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FISCAL YEAR 2012-2013 - Community Development Agency Legal Notice published in the Orange County Register on March 19, 2012. Mayor Pro Tern Alvarez opened the Public Hearing; there were no speakers or written communication received and the Hearing closed. Councilmember Martinez requested a two week continuance. MOTION: Continue consideration of matter to the April 16, 2012 City Council Meeting. MOTION: Martinez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) CITY COUNCIL MEETING RECESSED AND CONVENED TO A JOINT SESSION OF THE CITY COUNCIL AND THE CITY OF SANTA ANA ACTING AS THE SUCCESSOR AGENCY 80A JOINT COUNCIL AND CITY OF SANTA ANA ACTING AS SUCCESSOR AGENCY - COOPERATIVE AGREEMENT BETWEEN CITY AND SUCCESSOR AGENCY, SUCCESSOR AGENCY ADMINISTRATIVE BUDGET AND COOPERATIVE AGREEMENT RESOLUTION - Community Development Agency CITY COUNCIL MINUTES 13 APRIL 2, 2012 CITY COUNCIL ACTION MOTION: Approve and authorize the City Manager and Clerk of the Council to execute a Cooperative Agreement, subject to non- substantive changes approved by the City Manager and City Attorney, and Oversight Board approval pursuant to Sections 34171(d)(1)(F) and 34178(a) of the Dissolution Act. AGMT NO. 2012-077 - With the City of Santa Ana, acting as Successor Agency to the former Community Redevelopment Agency of the City of Santa Ana (Successor Agency) for reimbursement of financial, administrative, and operational services MOTION: Martinez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Pulido (1) THE CITY COUNCIL MEETING RECESSED AT 7:57 P.M. TO THE HOUSING AUTHORITY MEETING, FOLLOWED BY THE SUCCESSOR AGENCY MEETING; THE CITY COUNCIL MEETING RECONVENED AT 7:58 P.M. WITH SAME MEMBERS PRESENT. COMMENTS 90A CITY MANAGER'S COMMENTS • Paul Walters, Interim City Manager, commented on recent surprise event hosted by business owners recognizing his efforts to solve the City's financial crisis. 90B CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: • Commented on recent visit to New York City where he came across the mother of a former Santa Ana Police Officer who succumbed to cancer in 2010; • Attended event sponsored by OCCOG; impressed with community turnout and willingness to serve the community; and CITY COUNCIL MINUTES 14 APRIL 2, 2012 • Little League is under way, teams have recently changed names from professional team names to college team names. Councilmember Benavides: • Thanked colleagues for appointment to the OCFA Board of Directors; and • Sunday is Easter; urged all to reflect on life and meaning of Easter. Councilmember Martinez: • Thanked all retiring City employees for commitment and service to the community; • Thanked the Parks and Recreation staff for obtaining $5 million grant for joint use at Roosevelt school and in partnership with Latino Health Access and residents; • On May 19, 2012, City to host the 6th Annual Health and Fitness Fair along with Earth Day; invited all to attend; and • Asked that the Planning and Building Agency follow up on the request made during Public Comments on the proposed moratorium on code enforcement; Council Committee to review regulations and consider matter. Councilmember Sarmiento: • Noted that Prop 84 recent grant award was second award for Roosevelt and Willard schools; increasing open space in an area in his Ward; thanked staff for efforts - Centennial Park Training Facility, Santa Ana Plaza, etc; requested Study Session on "open space" efforts; • Requested another Study Session on transparency and efforts made by City staff; and • Wished all a Happy Easter Mayor Pro Tern Alvarez: • Congratulated Santa Ana High School for production of Westside Story; • Asked the Interim City Manager to brief the City Council on the "Hot Potato" award recently received; • Thanked all retiring employees for service to the City; and • Adjourned in Memory of Donald P. Kennedy and requested biography be included in minutes record. ADJOURNED - 8:20 P.M. The next meeting of the City Council is scheduled for Monday, April 16, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 6:00 p.m. in the Police Community Room, 60 Civic Center Plaza, Santa Ana, California. CITY COUNCIL MINUTES 15 APRIL 2, 2012 Adjourned in Memory of Donald P. Kennedy Maria D. Huizar, ?J) Clerk of the Council CITY COUNCIL MINUTES 16 APRIL 2, 2012 Donald P. Kennedy 1918-2012 Chairman Emeritus Donald P. Kennedy passed away on March 24 at the age of 93. During his career with First American Title, Kennedy helped to lead the company's extraordinary growth from a one-office firm in Santa Ana into a global FORTUNE@ 500 company and helped introduce many of the technological innovations that transformed the title insurance industry. "It is with great sadness that we announce the passing of Don Kennedy," said Dennis J. Gilmore, chief executive officer for First American. "Don was a true visionary and a man of tremendous integrity who was admired by all those who knew him. While we will greatly miss his wise counsel and quick wit, he leaves behind a legacy of creativity and innovation that will always remain with our company." When Kennedy began leading First American's expansion efforts in 1957, the company's revenues were less than $1.5 million. By 2006, they exceeded $8 billion. In a spin-off transaction completed in 2010, First American's data businesses became a separate company known as CoreLogic. First American and CoreLogic are now traded on the New York Stock Exchange. The grandson of First American's founder, C.E. Parker, Kennedy served First American for more than 60 years. He is credited with beginning the company's expansion efforts in 1957 with the acquisition of title companies outside the Santa Ana area. Kennedy's strategy of allowing the leadership of each First American office to operate as if it was its own company played a key role in driving this expansion and the company's profitability. First American continued to grow in later decades through international expansion and through the addition of other businesses whose products and services were involved in the real estate transaction process. In 1985, the company began developing and acquiring extensive databases of real property information, and offered products and services using this data. Donald Kennedy, whose family roots in Orange County date to 1873, attended Santa Ana High School and graduated from Stanford University in 1940. After serving in the Navy during World War II, where he took part in the landings in Southern France, he graduated from the University of Southern California School of Law. Kennedy joined First American in 1948, when it was known as Orange County Title Company. After passing the bar exam in 1949, he served as the company's associate counsel for three years, then was appointed vice president of First American in 1951, executive vice president in 1958, president in 1963, and chairman of the board in 1993. He was named chairman emeritus in 2003, a title he maintained after retiring from the board of directors in 2008. Kennedy also served as vice chairman of First American's principal subsidiary, First American Title Insurance Company. He consistently went to his office at First American's Santa Ana campus until he was 90 years old. Kennedy has left an indelible mark not only on First American, but also on the title insurance industry, helping to usher in many of the advancements and practices that CITY COUNCIL MINUTES 17 APRIL 2, 2012 are commonplace today. Among his many professional affiliations, Kennedy served as president of both the California Land Title Association and the American Land Title Association, and chaired numerous committees in both organizations. A lifelong philanthropist, Kennedy's extensive involvement in community affairs included support of dozens of organizations focused on Orange County and Santa Ana. A past chairman of the Orange County Business Committee for the Arts, Kennedy also served on the boards of South Coast Repertory and the Bowers Museum of Cultural Art, among others. When serving on the board at Bowers, he was instrumental in negotiating the museum's partnerships with the Smithsonian Institution and the British Museum. His support for the museum's north wing, which was named the Dorothy and Donald Kennedy Wing in 2007, tripled the size of its exhibit space. He served on the board of trustees for Chapman University and was a member of Stanford University's Athletic Board, as well. Kennedy also provided key support for the creation of the Chapman University School of Law and was recognized in 1999 with the dedication of the Donald P. Kennedy Hall, a state-of-the-art teaching facility and home of the university's school of law. That same year he was named "Man of the Century" by Orange Coast Magazine. An avid life-long golfer, Kennedy scored his first hole-in-one in 1930 at the age of 12, and went on to score eight more over the next seven decades. Kennedy was a member of Stanford University's 1939 NCAA championship golf team and also was an active member of the Santa Ana Country Club for most of his life. When elected as the club's president in 1952, he was the youngest person to have served in that capacity. Kennedy is survived by his wife of 65 years, Dorothy; his son, Parker S. Kennedy; two daughters, Elizabeth Myers and Amy Healey; six grandchildren; and two great- grandchildren. CITY COUNCIL MINUTES 18 APRIL 2, 2012